Question 1: Register of probateRemove the unused office of register of probate from the constitution
Read the full text of the measure: Secretary of State's list of questions on the 2026 general election ballot (PDF)
In plain words
Each county used to elect a "register of probate," an official who kept records for the probate court (the court that handles wills, estates and guardianships). In 2011 the state reorganized its courts and moved that work to clerks of the circuit court. The office still exists in the constitution with almost nothing to do. This amendment removes it. Voters were asked a similar question in 2022; it got about 63% yes but needed two-thirds. (The 2022 vote figure is from our earlier research and was not re-opened.) (news.ballotpedia.org )
Before and after
| Question | Today | If it passes |
|---|---|---|
| Register of probate in the constitution | Listed as an elected county officer | Removed |
| Who does the probate court's record work | Circuit court probate division clerks (since 2011) | Circuit court probate division clerks (same) |
| Rule against acting as a lawyer in probate cases | Covers judges and registers of probate | Covers judges only |
Our summary; the sources it draws on are linked on this page.
Biggest change
- Removes registers of probate from the constitution's list of county officers that voters elect (Part II, Article 71). source: bills.nhliberty.org
- Changes Part II, Article 81 so the rule against acting as a lawyer in probate business covers only judges of probate, not registers. source: bills.nhliberty.org
Who it affects most: County voters, who would no longer see a register of probate race on the ballot, and the people now elected to the office.
Cost to the state: Unknown. No cost estimate was found. A former register testified that the office now pays $100 a year.
Our plain-words summary. Every line points to its source.
What your vote means
The register of probate, a county office with no duties since 2011, is removed from the state constitution.
The register of probate stays in the constitution as an elected county office.
Our one-line summary. Check the official list of questions or your sample ballot for the exact wording.
Why people want it, and why others object
Why this is on the ballot
The Legislature put this on the ballot. It changes the state constitution, so only another statewide vote can change it back. It passes with two-thirds (2 out of every 3) of the votes cast on it.
- A 2011 court reorganization moved the register of probate's duties to clerks of the circuit court's probate division. Because the office is named in the constitution, lawmakers could not remove it with a regular law. source: gc.nh.gov
- Both chambers sent it to voters by the three-fifths vote needed: the House voted 325-15 on Feb. 5, 2026 and the Senate 23-1 on March 26, 2026 (gc.nh.gov bill status, summary read; the same counts are printed on the Dover sample ballot). source: gc.nh.gov
- A similar amendment, Question 1 in 2022, got 62.9% yes, short of the two-thirds needed (from the earlier research notes; not re-opened). source: news.ballotpedia.org
Why supporters want it
- Donna Sytek of Salem, a former register of probate, testified in support: "All that remains of the Register of Probate is the title, which is enshrined in the state Constitution." Sytek said the 2022 question failed because its wording did not say the office would be eliminated, and that this version states the effect. source: gc.nh.gov
Why opponents object
- No public statement found.
Who backs each side
- For: the House and Senate voted for it 325-15 and 23-1. Against: no organized opposition found. No public record found of campaign money for either side (campaign finance reports were not searched). source: gc.nh.gov
In each side's own words where we could find them, quoted or summarized with a link to the source. We don't endorse either side.
What you will see on your ballot
Official ballot wording, word for word (tap to open)
The official ballot title, word for word from the Secretary of State's list of ballot questions .
Are you in favor of eliminating the office of register of probate by amending articles 71 and 81 of the second part of the constitution to read as follows: [Art.] 71. [County Treasurers, County Attorneys, Sheriffs, and Registers of Deeds Elected.] The county treasurers, county attorneys, sheriffs and registers of deeds, shall be elected by the inhabitants of the several towns, in the several counties in the State, according to the method now practiced, and the laws of the state, provided nevertheless the legislature shall have authority to alter the manner of certifying the votes, and the mode of electing those officers; but not so as to deprive the people of the right they now have of electing them. [Art.] 81. [Judges Not to Act as Counsel.] No judge shall be of counsel, act as advocate, or receive any fees as advocate or counsel, in any probate business which is pending, or may be brought into any court of probate in the county of which he or she is judge.
Yes
No
Copied word for word from the Secretary of State's "2026 General Election" list of ballot questions (PDF), page 1, Question 1 (the text inside the quotation marks). The PDF prints this after the question: (Passed by the N.H. House 325 Yes 15 No; Passed by the Senate 23 Yes 1 No) CACR 13. It prints Yes and No as the choices. Question 2 on that page (Statutory Question required by HB 1300, Chapter 324, 2026, a school tax-growth question) is asked only in towns that put it on their ballot, so it is not a full guide page here. Its official wording, copied word for word from the same PDF (the bracketed names are filled in by each town): “Shall the [name of municipality] limit property tax growth for [name(s) of school district(s)] under RSA 32:5-i? If adopted for a two-year period: (1) the local property tax levy may not grow beyond the prior year’s amount, adjusted for inflation and new construction; (2) SAU central office spending may not exceed 6 percent of total school district appropriations; and (3) bonded capital costs are excluded from both limits. These caps apply only to administrative operations of the SAU central office and do not affect classroom instruction, school-based services, or other municipal expenditures. These limits may be overridden as provided in RSA 32:5-i. Adoption requires a three-fifths (3/5) majority vote.” It prints Yes and No as the choices.
Latest news
Recent reporting from a range of outlets, newest first. We link to it; we don't endorse it.
No articles collected yet for this measure.
Full text of the measure
Bill status page (gc.nh.gov): the bill title is "relating to registers of probate. Providing that the office of register of probate and all references to such office be eliminated." (summary read). The change is to Part II, Articles 71 and 81 of the New Hampshire Constitution (City of Dover sample ballot, summary read). Read it in the Secretary of State's list of questions on the 2026 general election ballot (PDF) , or on the Legislature's page for Constitutional Amendment Concurrent Resolution 13 (CACR 13), 2026 , which also shows the votes in each chamber.
Read more
- Secretary of State: Questions on the 2026 General Election Ballot (PDF)
- New Hampshire General Court: CACR 13 bill status
- Citizens Count: CACR 13 (2026)
We link to analysis from several sources; we don't endorse it.